Dunn+and+McCollough+vs+Fairfield+Community+High+School+District+225

Hannah Dyal, Kristee Glace, & Megan Good

Dunn v. Fairfield Community High School District #225 United States Court of Appeals, Seventh Circuit Argued Sept. 17, 1998- Decided Oct. 15, 1998 **Background** Shaun Dunn and Bill McCullough are suing Fairfield Community High School stating their right to substantive due process has been violated because Fairfield imposed disciplinary measures unrelated to academic conduct and outside the parameters and intent of the Illinois School code and Fairfield’s own disciplinary policy and that Fairfield violated their 8th Amendment right to be free of cruel and unusual punishment. Fairfield prohibits its band members from deviating from the planned musical program and explicitly forbids guitar solos during band performances. The plaintiff’s (Dunn and McCullough) were fully away of the rules and deliberately defied them and their teacher’s specific orders. The plaintiffs were given an “F” for the band course and that “F” prevented McCullough from graduating with honors. **Decision** The courts have decided the briefs Dunn and McCullough gave were not completely clear. The court explained the Due Process Clause “provides heightened protection against governmental interference with certain fundamental rights and liberty interests.” But the school policy that the students attack does not fall under a constitutional violation. Students do have substantive due process rights while they are in school, but education is not a fundamental right. The court came to the conclusion that, “Fairfield’s decision to stack the deck so that these students would fail Band must be sustained unless it is wholly arbitrary.” Again, Dunn and McCullough had admitted they broke a school rule and knew there would be disciplinary actions. “That alone is enough to show that their claim cannot possibly succeed.” ** Impact on Teaching ** Students are in held responsible to follow school rules and regulations. In the event they violate the school code, students may be given punishment for their wrong-doing. A grade of “F” is not a violation of the Constitution of the United States if the rule is clearly stated. Teachers may punish students with an “F”. **Question** The state has the right to override school policy if it does not violate the Constitutional right of cruel and unusual punishment. True or **False**